UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

BREANNA WILLIAMS §
Plaintiff, §
v. § Cause No. 1:19-cv-633
§
AUSTIN POLICE OFFICERS §
NATHAN CANCHE (#7597) and VANESSA §
JIMENEZ (#7611) §
Defendants. §

COMPLAINT

In the early morning of June 26, 2017, Austin Police Department officers Nathan Canche

and Vanessa Jimenez arrested Breanna Williams at a downtown hotel, citing probable cause for

public intoxication.

During the arrest, they threw her face-first into the backseat of their squad car. Ms.

Williams was handcuffed, and her face struck the seatbelt receiver. The impact inflicted a deep,

bloody laceration over her eye and injured her eye socket, leaving permanent damage.

STATEMENT OF THE CASE

Canche and Jimenez used excessive force while arresting Ms. Williams. She was already

restrained in handcuffs when they inflicted permanent injury to her face. Their use of force was

unnecessary and unreasonable.

JURISDICTION AND VENUE

1. The Court has jurisdiction over federal civil rights claims under 28 U.S.C. § 1331.

2. Defendants’ actions, and the events giving rise to the claims, occurred in Travis County,

Texas. Accordingly, this Court is the proper venue pursuant to 28 U.S.C. § 1391.

PARTIES

3. The Plaintiff is Breanna Williams. She is a resident of Travis County.

4. Defendants are Austin Police Department officers Nathan Canche and Vanessa Jimenez.
 STATEMENT OF FACTS

5. The evening before her injury, on July 25, 2017, Breanna Williams was went to a

birthday party with friends. At roughly 1:30 am, she decided to sleep at a downtown hotel.

6. It was rainy and when she arrived at the hotel she was soaked, so she went into a

bathroom to clean up. A hotel employee later entered, accused her of doing cocaine (which was

untrue), and demanded that she leave.

7. Although Ms. Williams tried to explain she was

a guest, a hotel security officer tackled her and held her

face down for several minutes.

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 8. Then Canche and Jimenez arrived. They handcuffed her, pulled her to her feet, and

walked to her to their squad are. They threw her face-first into the backseat of the squad car. Ms.

Williams’ face struck the seatbelt receiver, giving her deep, bloody laceration over her eye and

injuring her eye socket. EMS took Ms. Williams to Dell Seton Hospital where she was treated.

9. Ms. Williams was not convicted of any crime. All charges were dismissed.

CAUSES OF ACTION

Excessive force

10. Canche and Jimenez used unnecessary, objectively unreasonable force while arresting

Ms. Williams, and inflicted a permanent injury.

11. The officers’ use of force was unreasonable under Fourth Amendment standards. They

arrested Ms. Williams for an alleged Class C misdemeanor, the lowest possible charge in Texas

law. She was already in handcuffs when they hurt her. She posed them no danger, and was not

resisting arrest.

12. Police may only use force to the degree it is necessary to achieve an arrest or to protect

themselves or others. Throwing Ms. Williams’ face into a seatbelt receiver was unnecessary and

gratuitous.

DAMAGES

13. Plaintiff seeks compensatory and punitive damages.

JURY DEMAND

14. Pursuant to Federal Rule of Civil Procedure 38, Plaintiff requests a jury for all issues

triable to a jury.

ATTORNEY’S FEES

15. Plaintiff is entitled to reasonable attorney’s fees, costs, and litigation expenses.

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 CONCLUSION

THEREFORE, Plaintiff prays this Court grant the following relief:

A. Award compensatory and punitive damages;

C. Award reasonable attorneys’ fees, litigation expenses, and court costs; and

D. Grant all other and additional relief to which Plaintiff is entitled, at law or in equity.

DATED: June 20, 2019.

Respectfully submitted,

/s/ Brian McGiverin

Brian McGiverin
Texas Bar No. 24067760
brian@austincommunitylawcenter.org
AUSTIN COMMUNITY LAW CENTER
1411 West Ave, Ste. 104
Austin, TX 78701
Telephone: (512) 596-0226
Fax: (512) 597-0805

ATTORNEY FOR PLAINTIFF

BREANNA WILLIAMS